View cases - Stewart McKelvey

10-1920; Donald D. Carter et al., Labour Law in Canada (5th ed. 2002), at paras. 621-22;Wesley B. Rayner, Canadian Collective Bargaining Law (2nd ed. 2007), at pp. 333-34; Elisheva(Elika) Barak-Ussoskin, “Collaboration in the Tripartite System: The Right to be Consulted andthe Duty to Consult” in A. Höland et al., eds., Employee Involvement in a Globalising World:Liber Amicorum Manfred Weiss (2005), 439, at p. 445.[328] If we then turn to the relevant language of the AEPA and its description of what is2011 SCC 20 (CanLII)required of an employer, we find the following:5. (1) The employer shall give an employees’ association a reasonable opportunityto cmake representations respecting the terms and conditions of employment of oneor more of its members who are employed by that employer.. . .(5) The employees’ association may make the representations orally or in writing.(6) The employer shall listen to the representations if made orally, or read them ifmade in writing.(7) If the representations are made in writing, the employer shall give theassociation a written acknowledgment that the employer has read them.[329] The process created by these provisions is the following: an employees’ associationis entitled to make representations, either orally or in writing, about the terms and conditions ofemployment. If the representations are made orally, the employer is required to “listen” to them.If they are made in writing, the employer must “read” them and give the “employees’association” a written acknowledgment that the representations have been read. That is the full